The United States Citizenship and Immigration Services (USCIS) issues a number of forms for people to submit to them relating to immigrant and non-immigrant visa statuses. [1] These forms begin with the letter "I". None of the forms directly grants a United States visa (visas can only be issued by US consulates outside the United States), but approval of these forms may provide authorization for staying or extending one's stay in the United States as well as authorization for work. Some United States visas require an associated approved USCIS immigration form to be submitted as part of the application.
Although the term immigration form is used on this page, and the forms begin with the letter "I", many of the forms pertain to non-immigrant visa classifications.
The USCIS also issues some administrative request forms (AR) for purposes such as address change as well as G forms for other administrative purposes. [1] The AR and G forms are generally filed in conjunction with a USCIS I form. The two most important G forms are the G-28 (notice of entry or appearance of attorney) [2] and the G-1145 (e-notification of application/petition acceptance). [3]
The USCIS also handles forms related to naturalization and citizenship. These forms begin with the letter "N" and are not discussed on this page. [1]
There are two main forms that begin with the letter I and pertain to immigration status but are not managed by USCIS: Form I-20 (issued by educational institutions to students on a F visa status) [4] and Form I-94 (issued by United States Customs and Border Protection when an alien enters the United States). [5]
All USCIS forms are free to download. The filing fees vary by form, from free to several hundred dollars. [6]
The filing fee for a form may not be the only fee that needs to be paid for the status being sought on the form. There may be additional fees associated with that status. For instance, Form I-129 is used to apply for H-1B status (among many other statuses); there are several additional fees associated with H-1B status. [7]
Two of the forms, Form I-129 and Form I-140, are eligible for the Premium Processing Service, which requires the filing of Form I-907. [8] As of December 2021, this services costs $1,500 for the H-2B and R classifications and $2,500 for all others. [9]
Some applicants are eligible for a fee waiver. To apply for a fee waiver, the applicant must submit Form I-912, Request for a Fee Waiver, along with the application form. [10] [11] [12]
Fees paid for USCIS immigration forms are deposited in the Immigration Examinations Fee Account (IEFA) managed by the United States Treasury; this account funds most of the USCIS budget. [13] [14] [15] [16]
All USCIS forms can be filed on paper. Payments must be included in the form of a check or money order along with the paper filing of the form.
The rules associated with where forms are to be mailed are complex: the location for mailing a form depends on the form name, the category of application, and the mailing address specified by the applicant (this may differ from the address the applicant sends the application from). The mailing address is either one of the lockbox addresses or one of the Service Center addresses. [17] The lockboxes are in three US cities: Chicago (Illinois), Phoenix (Arizona), and Lewisville (Texas) (this is near Dallas, Texas and is often referred to as the Dallas lockbox). They are managed for the USCIS by a Department of Treasury designated financial agent. [18] The lockbox cashes in on the included payment, sends an e-notification if the applicant filed Form G-1145 with the application, and forwards the rest of the application to the service center. [10]
Any response to a Request For Evidence (RFE) or Notice of Intent to Deny (NOID) must always be sent to the Service Center that sent the request, and never to a lockbox address, regardless of whether or not the original application was filed with a lockbox. [10]
Some of the USCIS forms may be filed electronically via e-Filing (for Forms I-131, I-140, I-765, I-821, and I-907) or the USCIS Electronic Immigration System (USCIS ELIS) (for Forms I-526, I-539, I-90, or the Immigrant Fee). [19] [20]
Electronic filing offers the following benefits: [19]
However, there are two major caveats: [19]
To enhance privacy and security for applicants, USCIS uses the HTTPS protocol for e-filing. [21]
The two main kinds of forms are:
In addition, there are affidavits (such as Form I-134, Affidavit of Support) [22] verification forms (Form I-9, Employee Eligibility Verification Form), [23] and request forms, such as Form I-907, Request for Premium Processing Service. [9]
Form name | Who needs to file? (relationship between petitioner and beneficiary) | Filing fee | Filed to lockbox or service center? | Electronic filing? | Associated visa or immigration statuses |
---|---|---|---|---|---|
I-129F, Petition for Alien Fiancé(e) [24] | United States citizen or lawful permanent resident seeking to bring the alien fiancé(e) to the United States | $535, with some caveats | Lockbox | No | K visas |
I-130, Petition for Alien Relative [25] | United States citizen or lawful permanent resident seeking to establish relationship with aliens who wish to immigrate to the US | $535 | Lockbox | No | Family-based immigration (includes IR and CR visas) Note: This form is eligible for Direct Consular Filing |
I-600, Petition to Classify Orphan as an Immediate Relative [26] (also related: I-600A, Application for Advance Processing of an Orphan Petition) [27] | United States citizen who seeks to classify non-US orphan not residing in a Hague Convention country as immediate relative | $775 per child, unless adoptees are birth siblings | Dallas Lockbox | No | Family-based permanent immigration Note: This form is eligible for Direct Consular Filing |
I-730, Refugee/Asylee Relative Petition [28] | Refugee/asylee already in the United States requesting follow-to-join benefits for an immediate relative | No fee | Service Center | No | Family-based immigration |
I-800, Petition to Classify Convention Adoptee as an Immediate Relative [29] (filed in conjunction with I-800A), Application for Determination of Suitability to Adopt a Child from a Convention Country [30] | United States citizen prospective adoptive parent who seeks to classify as adoptee a resident of a Hague Convention country | No fee for first petition based on an approved I-800A (which in turn has a $775 fee). Each subsequent petition costs $775, unless the new petition is on behalf of a sibling of a previously petitioned child. | Dallas Lockbox | No | Family-based permanent immigration |
I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant [31] | U visa non-immigrant requesting non-immigrant status for a family member | $230 | Vermont Service Center | No | Family-based temporary migration (i.e., non-immigrant status) |
Form name | Who needs to file? (relationship between petitioner and beneficiary) | Filing fee | Filed to lockbox or service center? | Electronic filing? | Associated visa or immigration statuses |
---|---|---|---|---|---|
I-129, Petition for a Non-immigrant Worker [7] | Employer requesting permission to hire the beneficiary non-immigrant worker | $460 | Service center | No | Statuses for initial employment: H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 and R-1. Statuses for extension of stay or change of status: All the preceding, plus various treaty and free trade statuses: E-1, E-2, E-3 (for Australia), H-1B1 (for Chile and Singapore) and TN (for Canada and Mexico). Note: This form is eligible for Premium Processing Service |
I-140, Immigrant Petition for Alien Worker [32] | United States employer requesting permission to hire the beneficiary immigrant worker | $700 | Lockbox for regular processing, Service Center for premium processing | Yes, via e-Filing (for some categories) | Employment-based visas (EB-1, EB-2, EB-3) (with path to Lawful Permanent Resident status). Note: This form is eligible for Premium Processing Service |
I-360, Petition for Amerasian, Widow(er), or Special Immigrant [33] | Beneficiary must self-petition | $435 (special instructions) | Lockbox or Service Center, depending on the subcategory | No | Permanent immigration status (depends on subcategory within I-360). Note: This form is eligible for Direct Consular Filing |
I-526, Immigrant Petition by Alien Entrepreneur [34] | Beneficiary must self-petition | $3675 | Dallas Lockbox | Yes, via ELIS | EB-5 visa (with path to Lawful Permanent Resident status) |
I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status [35] | Beneficiary must self-petition | $3750 (+ biometric services fee of $85) | Dallas Lockbox | Yes, via ELIS | EB-5 visa (with path to Lawful Permanent Resident status) |
I-918, Petition for U Nonimmigrant Status [36] | Beneficiary must self-petition | No fee (biometric services may be required at no cost to the applicant) | Vermont Service Center | No | U visa |
There are many application forms. Only the most important ones are listed below.
Form name | Who needs to file? | Filing fee | Filed to lockbox or service center? | Electronic filing? | Associated visa or immigration statuses |
---|---|---|---|---|---|
I-131, Application for Travel Document [37] | Applicant for re-entry permit, refugee travel document or advance parole travel document | Depends on type of applicant. Fee values include $105, $135, and $575. For I-485 applicants, there is no fee. | Lockbox or Service Center, depending on the category | Yes, via e-filing, but only for those applying for advance parole, not for those whose application is based on an approved request for consideration of deferred action for childhood arrivals (Form I-821D). | Humanitarian/refugee statuses and DACA/DAPA-associated statuses. |
I-539, Application To Extend/Change Nonimmigrant Status [38] | Applicants seeking to change, extend, or reinstate status. Note that this form need not be filed by those whose Form I-94 says "Duration of Status" and who are extending within the status provided by the form (for instance, somebody on a F visa with Duration of Status can simply extend the end date on the Form I-20 and need not submit Form I-539). It is also not to be submitted by those using Form I-129 to change or extend status. | $370 ($0 for some categories) | Lockbox or Service Center, depending on the category | Yes, via ELIS (for some categories) | Eligible for ELIS: Extend status for B-1, B-2, F-1, M-1 or M-2 visas; change status to B-1, B-2, F-1, F-2, J-1, J-2, M-1 or M-2; reinstate status to F-1 or M-1 Other applications, such as T, U, and V status extensions, need to be made on paper. |
I-765, Application for Employment Authorization [39] | Applicant seeking permission to work. | $410; DACA applicants need an additional $85 biometrics fee. For I-485 applicants, there is no fee. | Lockbox for most categories, Service Center for some | Yes, via e-filing (for some categories) | A number of statuses, including DACA-associated statuses as well as F visa (student) statuses applying for Optional Practical Training or Curricular Practical Training |
I-821, Application for Temporary Protected Status [40] | Applicant seeking Temporary Protected Status | $50 or $0; however, it must be filed along with Form I-765, which has a fee of $410 | Complicated [41] | Yes, via e-filing, but only for re-registration, and if so, Form I-765 must be filed online along with it | All applicants for TPS |
I-821D, Consideration of Deferred Action for Childhood Arrivals [42] | Applicant seeking deferred action under the Deferred Action for Childhood Arrivals program | Must be filed with Form I-765, which has a filing fee of $410; also an $85 biometrics fee. No separate fee for I-821D | Lockbox | No | All applicants for Deferred Action for Childhood Arrivals |
These are the forms that need to be filed to appeal a decision by a USCIS officer regarding another form. The appeal form must be filed by the party that filed the original form. In particular, in the case of a petition, the appeal must be filed by the petitioner and cannot be filed by the beneficiary (if distinct from the petitioner). Appeals are handled by the Board of Immigration Appeals within the Executive Office for Immigration Review (part of the Department of Justice) and the Administrative Appeals Office within the USCIS. BIA's main role is for challenges to U.S. Immigration and Customs Enforcement decisions, but it is also used to appeal some USCIS forms.
Form name | Whom is the appeal forwarded to? | What forms can this be filed for? |
---|---|---|
EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer [43] | Board of Immigration Appeals | Form I-130 and the subtype of Form I-360 that is for widowers. |
I-290B, Notice of Appeal or Motion [44] [45] | Administrative Appeals Office | Most employment-based immigrant and nonimmigrant visa petitions (Forms I-129 and I-140); I-526, I-821, I-129F, I-601, I-212, I-360, I-600, I-600A, I-914, I-918, N-470 |
Of the USCIS immigration forms, decisions on the two forms Form I-130 (family-based immigration, the F and IR categories) and the widower subcategory for Form I-360 (special immigrants, the EB-4 category), must be appealed through the EOIR-29 (Notice of Appeal to the Board of Immigration Appeals from a Decision of an Immigration Officer) to the Board of Immigration Appeals. Also, appeals for denials of Form N-400 (the naturalization petition) must be made using Form N-336. For Special Agricultural Worker (SAW) or legalization applications, the appeal must be filed on Form I-694, Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act.
For all other USCIS petitions where appeal is possible, the petitioner can appeal an adverse USCIS decision on the petition to the AAO using Form I-290B, Notice of Appeal or Motion.
As of December 2016, appeal to AAO is possible for the following petition forms: I-129 (nonimmigrant worker), I-140 (immigrant worker), I-526 (immigrant investor), Form I-821, I-129F, I-601, I-212, I-360, I-600, I-600A, I-914, I-918, N-470. As of December 2016, there are no appeal rights for Form I-485 (Adjustment of Status)
There is no standalone appeals process for Form I-765.
The form is usually applied for in conjunction with another form that grants the underlying authorization, and a denial of the other form can be appealed.
Form I-797 is a form used by the USCIS to issue approval of status or notice of receipt for applications. It is not a form that people can fill out. [46]
The USCIS website includes a number of tips for people filing USCIS forms, including suggestions to download the latest version from the website, use black ink, and start with a clean form in case of errors. All supporting documents must be included in the application, and documents not in English must include a certified English translation. [47]
Law resource NOLO emphasizes the importance of filling in all fields, even if it's filled with "N/A", and being accurate and consistent. NOLO also places emphasis on getting one's name correct.
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, from three months to five years, based on a reciprocity schedule. With extensions, the maximum stay is seven years.
A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States. Once the couple marries, the foreign citizen can adjust status to become a lawful permanent resident of the United States. Although a K-1 visa is legally classified as a non-immigrant visa, it usually leads to important immigration benefits and is therefore often processed by the Immigrant Visa section of United States embassies and consulates worldwide.
TN status is a special non-immigrant classification of foreign nationals in the United States, which offers expedited work authorization to a citizen of Canada or a national of Mexico. It was created as a result of provisions of the North American Free Trade Agreement that mandated simplified entry and employment permission for certain professionals from each of the three NAFTA member states in the other member states. The provisions of NAFTA relevant to TN status were then carried over almost verbatim to the United States–Mexico–Canada Agreement that replaced NAFTA in 2020.
U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalization Service (INS), which was dissolved by the Homeland Security Act of 2002 and replaced by three components within the DHS: USCIS, Immigration and Customs Enforcement (ICE), and Customs and Border Protection (CBP).
Visitors to the United States must obtain a visa from one of the U.S. diplomatic missions unless they come from one of the visa-exempt or Visa Waiver Program countries. The same rules apply for travel to all U.S. states, Washington, D.C., Puerto Rico and the U.S. Virgin Islands, as well as to Guam and the Northern Mariana Islands with additional waivers, while similar but separate rules apply to American Samoa.
A Form I-766 employment authorization document or EAD card, known popularly as a work permit, is a document issued by the United States Citizenship and Immigration Services (USCIS) that provides temporary employment authorization to noncitizens in the United States.
Adjustment of status in the Immigration and Nationality Act (INA) of the United States refers to the legal process of conferring permanent residency upon any alien who is a refugee, asylum seeker, nonpermanent resident, conditional entrant, parolee, and so forth.
Temporary protected status (TPS) is given by the United States government to eligible nationals of designated countries, as determined by the Secretary of Homeland Security, who are present in the United States. In general, the Secretary of Homeland Security may grant temporary protected status to people already present in the United States who are nationals of a country experiencing ongoing armed conflict, an environmental disaster, or any temporary or extraordinary conditions that would prevent the foreign national from returning safely and assimilating into their duty. Temporary protected status allows beneficiaries to live and, in some cases, work in the United States for a limited amount of time. As of March 2022, there are more than 400,000 foreign nationals in Temporary Protected Status.
EB-2 is an immigrant visa preference category for United States employment-based permanent residency, created by the Immigration Act of 1990. The category includes "members of the professions holding advanced degrees or their equivalent", and "individuals who because of their exceptional ability in the sciences, arts, or business will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States". Applicants must generally have an approved labor certification, a job offer, and their employer must have filed an Immigrant Petition for Alien Worker with the USCIS.
The U visa is a United States nonimmigrant visa which is set aside for victims of crimes who have suffered substantial mental or physical abuse while in the U.S. and who are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. It permits such victims to enter or remain in the US when they might not otherwise be able to do so. An advantage that comes along with the acceptance of a U-visa is the individual will have deportation protection which is important when they are collaborating with law enforcement.
Form I-129, Petition for a Nonimmigrant Worker is a form submitted to the United States Citizenship and Immigration Services used by employers or prospective employers to obtain a worker on a nonimmigrant visa status. Form I-129 is used to either file for a new status or a change of status, such as new, continuing or changed employer or title; or an amendment to the original application. Approval of the form makes the worker eligible to start or continue working at the job if already in the United States. If the worker is not already in the United States, an approved Form I-129 may be used to submit a visa application associated with that status. The form is 36 pages long and the instructions for the form are 29 pages long. It is one of the many USCIS immigration forms.
Premium Processing Service is an optional premium service offered by the United States Citizenship and Immigration Services to employers filing Form I-129 or Form I-140. To avail of the service, the employer needs to file Form I-907 and include a fee that is $1,500 for the H-2B and R classifications and $2,500 for all others.
Direct Consular Filing (DCF) is a process related to immigration to the United States whereby Form I-130, I-360, or I-600, is filed with a United States embassy or consulate in another country rather than with the United States Citizenship and Immigration Services lockbox or service center facilities located within the US. The approved form can then be used to obtain an IR or CR visa within the same country. DCF is available only under exceptional circumstances and can only be done in the country where the petitioner legally resides.
Form I-130, Petition for Alien Relative is a form submitted to the United States Citizenship and Immigration Services by a United States citizen or Lawful Permanent Resident petitioning for an immediate or close relative intending to immigrate to the United States. It is one of numerous USCIS immigration forms. As with all USCIS petitions, the person who submits the petition is called the petitioner and the relative on whose behalf the petition is made is called the beneficiary. The USCIS officer who evaluates the petition is called the adjudicator.
Form I-539, Application to Extend/Change Nonimmigrant Status is one of the forms issued by the United States Citizenship and Immigration Services. It is used by people currently in the United States in a non-immigrant status to change the classification for their status and/or extend their stay with their current status. Both the current status and the status to which the transition is being sought must be non-immigrant visa statuses.
The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes available for the petition, at which point it arranges for the visa applicant(s) to take the visa interview at a consulate abroad. It is located in Portsmouth, New Hampshire. It was established on July 26, 1994, on the site of an Air Force base that was closed down by The Pentagon.
The Legal Immigration Family Equity Act of 2000, also known as the LIFE Act and as the Legal Immigration and Family Equity Act, along with its Amendments, made some changes to laws surrounding immigration for family members of United States citizens and Lawful Permanent Residents, as well as people eligible for employment-based immigrant visas, in the direction of making it easier for family members and immigrant workers to move to and adjust status within the United States. It was passed on December 21, 2000, as title XI of Pub. L.Tooltip Public Law 106–553 (text)(PDF).
Special Immigrant Juvenile Status (SIJS) is a special way for minors currently in the United States to adjust status to that of Lawful Permanent Resident despite unauthorized entry or unlawful presence in the United States, that might usually make them inadmissible to the United States and create bars to Adjustment of Status. The key criterion for SIJS is abuse, neglect, or abandonment by one or both parents.
Form I-140, Immigrant Petition for Alien Worker is a form submitted to the United States Citizenship and Immigration Service (USCIS) by a prospective employer to petition an alien to work in the US on a permanent basis. This is done in the case when the worker is deemed extraordinary in some sense or when qualified workers do not exist in the US. The employer who files is called the petitioner, and the alien employee is called the beneficiary; these two can coincide in the case of a self-petitioner. The form is 6 pages long with a separate 10-page instructions document as of 2016. It is one of the USCIS immigration forms.
The R-1 visa is a non-immigrant visa which allows travel to the United States for service as a minister or other religious occupation. Between October 2019 and September 2020, there were 2,399 R visas issued.
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